RAMNIK YADAV Vs. STATE

JUDGEMENT

(1.) This appeal has come up for hearing pursuant to the directions issued for expediting hearing in appeals filed by persons in custody (with sentence more than five years and upto seven years).

(2.) Appellant Ramnik Yadav has preferred this appeal against the judgment dated 27.01.2014 and order on sentence dated 29.01.2014 whereby he has been convicted for committing the offence punishable under Section 376/323 IPC and sentenced to undergo RI for seven years with fine of 10,000/ - and in default of payment of fine, to undergo SI for three months for the offence punishable under Section 376 IPC and further to undergo RI for six months for the offence punishable under Section 323 IPC.

(3.) Case FIR No.122/2011 under Section 363 IPC has been registered on 10.09.2011 at PS Dwarka Sector -23 on the basis of statement made by Saraswati Devi ­ mother of the Prosecutrix 'G' (name withheld to conceal her identity). As per the FIR, she informed the police that she was working as maid servant and residing in the same building where she was working. She was also running a tea stall. She is having three children, out of them youngest one is 'G' ­ the Prosecutrix aged about 13 years who had been missing from the house since 22.08.2011 5.00 pm. She suspected the appellant Ramnik Yadav S/o Kodai Yadav R/o Village Madhopur, Angoa, Katta, Muzzafarpur, Bihar had induced her daughter. She also stated that her elder daughter Pooja had also seen her youngest daughter 'G' leaving with him. She tried to search her daughter but could not find, hence reported the matter to the police.